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(영문) 서울북부지방법원 2015.01.22 2014고단3966
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving CCR125 Obane.

Around September 02:27, 2014, the Defendant driven the above Oba, and driven the three-lane road of 129 degrees in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, along the three-lanes from the intersection to the intersection of the Samba Hospital, proceeded at a speed of 60km each hour at the speed of 60km.

Since there is an intersection where a signal, etc. is installed, it was confirmed whether a person engaged in driving service has a vehicle passing through an intersection in accordance with the signals by reducing speed and by properly examining the right and the right of the road, and there was a duty of care to safely drive the vehicle in accordance with the signals.

Nevertheless, even though the vehicle's progress signal was changed to the stop signal, it was neglected and proceeded as it was, by negligence, the part front of the D's E's E's driving, which was proceeding to the intersection from the left side of the proceeding to the right side of the vehicle in accordance with the new code was received as the front part of the Defendant's driving.

After all, the Defendant suffered from the victim G (the 19 years old) who was on the job by negligence as above, the victim F (the 20 years old) who was on the car, with approximately 2 weeks of medical treatment. The Defendant suffered approximately 16 weeks of medical treatment from the victim G (the 19 years old) who was on the job of the Defendant, for about 16 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written statement of the occurrence of the F or G traffic accident;

1. Statement of the F police statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment imposed on a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents against which the principal is heavier);

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act (The following circumstances, etc. considered favorable to the reasons for sentencing):

1. Order to attend a lecture and order to attend a lecture;

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